Southern Delaware Botanic Gardens received approval Tuesday to utilize a piece of property in Sussex County for construction of what they say will be a major tourist attraction.

The Sussex County Council voted 4-1 to approve a conditional use application filed by the nonprofit organization regarding a 37-acre piece of property in Dagsboro owned by the Sussex CountyLand Trust and located in an agricultural residential district.

"It's a rare opportunity, the only one I've seen since I've been in office, where people have put together their volunteer hours, their expertise and their own money to improve our county," said Councilwoman Joan Deaver.

The application was slated for a vote at the Oct. 1 council meeting, however Councilman Vance Phillips raised a question regarding whether the proposed botanic garden, which will include several structures, coincides with the land trust's mission of preserving open space. The vote was delayed for one week pending a legal opinion from the county's attorneys.

At Tuesday's meeting, Assistant County Attorney David N. Rutt said the property was transferred from the county to the land trust in May 2006 and a review of the deed did not reveal any specific restrictions on the use of the parcel.

"Looking then at the issue [of whether] the mission of the land trust is consistent with the proposed uses of the property as a botanic garden and related visitors' center, conservatory, theater, nature center and parking, it's our opinion that the land trust mission is broadly stated and would include protection of natural and cultural recreational resources, and thus is consistent with the proposed uses," Rutt said.

Councilman Sam Wilson, the lone opposing vote, said the county handed over the property under the assumption the land trust would use it for open space and "putting structures on a piece of land is not open space."

Southern Delaware Botanic Gardens formed about two years ago with the goal to create a public garden in Sussex County. The group has entered into a memorandum of understanding with the land trust regarding the property, which is situated a mile east of Dagsboro on Piney Neck Road, with tidal waterfront on Pepper Creek. Now that the group has received conditional use approval, they will draft a 99-year lease with the land trust for a nominal rent, according to Michael Zajic, president of Southern Delaware Botanic Gardens.

Zajic said the garden would preserve and showcase Delaware's native plants, animals and habitat, as well as promote ecological appreciation and provide year-round colorful garden displays, public education and enjoyment. He said the garden will grow over the years to include a visitors' center, nature center, conservatory with four chambers, a children's garden, a waterfront café, eco-boat tourism, several historic gardens, a labyrinth for meditation and exercise, a bog garden for rare species, an arboretum and more.

Delaware Botanic Gardens

The Delaware Botanic Gardens is a ten-year, multiphase plan to bring a sense of place to Delmarva with a major public garden that reflects southern Delaware’s unique coastal plain. Its mission is to create inspirational, educational, and sustainable gardens in Delaware for the benefit and enjoyment of residents and visitors alike. The gardens will be located on 37 acres along Piney Neck Road in Sussex County. The parcel has an ideal mix of farmland, woodland, and more than 1,000 feet of tidal waterfront on Pepper Creek.

DELAWARE BOTANIC GARDENS

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Stages of the garden's creation during the multiyear effort to Open the Garden Gates:

Groundbreaking

Build the basics

Begin programs

Enlarge the endowment

Purchase initial plantings and use donated plant materials

Install temporary modular buildings

Hire the initial staff

Grand opening

Develop individual gardens

Add special features

Finish plantings

Build the staff

Final stages

Complete large permanent structures

Fully staff all operations

This botanic garden will become a special place that will enhance the quality of life here in Sussex County. Our residents and our visitors will treasure this botanic garden, which will also serve to educate all to understand the value of conservation. In keeping with the overall mission of the SCLT, the Botanic Gardens at Pepper Creek will enable us to pass on the best of our values to the next generation.